NCJ Number
46476
Journal
JOURNAL OF SOCIAL POLICY Volume: 7 Dated: PART 1 (JANUARY 1978) Pages: 57-72
Date Published
1978
Length
16 pages
Annotation
THIS STUDY INVESTIGATES THE STATUS AND TREATMENT OF JUVENILE OFFENDERS IN ISRAEL.
Abstract
IN ISRAEL, AN ADULT PROBATION SYSTEM DEALS WITH OFFENDERS OVER 17 YEARS OF AGE, AND A JUVENILE PROBATION SYSTEM HANDLES THOSE BETWEEN THE AGES OF 9 AND 16. THERE ARE SOME SIGNIFICANT LEGAL DISTINCTIONS AND PROVISIONS FOR THE WAY IN WHICH OFFENDERS IN THE 17 TO 21 AGE GROUP ARE HANDLED. IN THE CASE OF THE YOUTHFUL OFFENDER, THE COURT IS LEGALLY BOUND TO ORDER A PRESENTENCE INVESTIGATION AND REPORT BY THE PROBATION DIVISION. THE ESTABLISHMENT OF THE YOUTHFUL OFFENDER CATEGORY TO HANDLE THE 17- TO 21-YEAR RANGE IS BASED ON THE ASSUMPTION THAT CRIMINAL RESPONSIBILITY INCREASES WITH AGE. AT THE SAME TIME, IT ASSUMES THAT THE METHOD OF TREATING OFFENDERS SHOULD BE BASED NOT ON WHAT THEY HAVE DONE, BUT RATHER ON THEIR PROSPECTS FOR REHABILITATION. THESE ASSUMPTIONS ARE REFLECTED IN A SYSTEM WHICH HOLDS YOUNG OFFENDERS NO LESS RESPONSIBLE THAN ADULTS FOR THEIR ACTIONS, BUT WHICH NEVERTHELESS GRANTS THEM SPECIAL CONSIDERATIONS. A RANDOM SAMPLE OF 300 CASES OF YOUTH OFFENDERS WERE RANDOMLY SELECTED FROM THE REGIONAL PROBATION DEPARTMENT OF NORTHERN ISRAEL. EACH FILE WAS EXAMINED IN TERMS OF THE OFFENDER'S SOCIOECONOMIC AND CRIMINAL BACKGROUND. IN ADDITION, A RECORD OF THE REPORTS MADE BY PROBATION OFFICERS WAS AVAILABLE FOR EACH CASE. THE RELATIONSHIPS BETWEEN THE RECOMMENDATIONS MADE BY PROBATION OFFICERS AND THE COURT DECISIONS WERE COMPARED FOR EACH OFFENSE. NO SYSTEMATIC AND UNIFORM RELATIONSHIPS WERE FOUND BETWEEN THE OFFENDER'S SOCIOECONOMIC STATUS, HIS FAMILY SITUATION, HIS CRIMINAL BACKGROUND, AND THE KIND OF RECOMMENDATION WHICH HE RECEIVED FROM THE PROBATION OFFICER. THERE WAS ALSO A STRONG CORRESPONDENCE BETWEEN THE RECOMMENDATIONS MADE BY THE PROBATION OFFICERS AND THE DECISIONS MADE BY THE JUDGES, ALTHOUGH SOME DISCREPANCY WAS NOTED. THIS WAS ATTRIBUTED TO THE STRONG THERAPEUTIC VALUES WHICH CHARACTERIZE THE PROBATION OFFICERS' TRAINING AND WHICH ARE LESS EVIDENT AMONG THE JUDGES. SUPPORTING DATA ARE PROVIDED. (KBL)